A three-justice panel of the 3rd District Court of Appeal in Sacramento reversed El Dorado Superior Court Judge Suzanne N. Kingsbury's ruling last year that denial of parole for Brian Keith Montgomery by the Board of Parole Hearings was not supported by the evidence. A state appellate court has blocked the release from prison of a man who pumped nine bullets into an El Dorado County sheriff's deputy more than two decades ago.

Montgomery, 46, is serving life with the possibility of parole for attempted first-degree murder and assault on a peace officer with a firearm. He is incarcerated at California State Prison, Solano, in Vacaville and is due for a new suitability hearing before the parole board next month.

In the early evening of Dec. 4, 1990, El Dorado County Deputy Robert Pepper pulled Montgomery over for speeding in the community of Somerset, 17 miles south of Placerville. As Pepper walked up to his car, a methamphetamine-addled Montgomery turned to him, said "Good evening officer," then swung around a .22-caliber semiautomatic rifle and opened fire through the car window at point-blank range. He sped away but was captured the next day.

Pepper, now 45, recovered and was back on duty by the time Montgomery was sentenced a year later.